WVA Suing BE to Get Out | Syracusefan.com

WVA Suing BE to Get Out

There is a big thread on this in the football side.
 
Can somebody provide a definitive opinion? Marinade is, at this time, in no way going to allow SU, Pitt,or WVU to go before the 27 month exit requirement. My question:

1) This is being driven by football. I understand that. But is the reason he is being so adament about the rule because if Pitt, SU, and WVU leave that puts the BE on the brink of losing BCS standing? Consequently he must hold onto the 3 until the BE can lure appropriate BCS replacements into the fold in order to maintain their standing?;

2) If they are able to replace the 3 will they then be released from the 27 month requrement (with appropriate monetary considerations, of course);

3) But if they can only replace, say 2 or 1, can they release only 1 or 2 and hold the other(s) to the 27 month requirement (of course that would really set up a lawsuit); or,

4) Is he just being an a$$hole?
 
..in a nutshell:
1.'Cuse, Pitt, and WVU signed and agreed to the $5million and 27 months
2. In order for the BE to MAYBE keep BCS consideration, it needs to add football teams--they have 8 at the moment including 'Cuse, WVU, and Pitt
3. These 8 Probably able to hang onto BCS AQ---but Maybe not
4. BE can continue to have chance of hanging on to BCS AQ for at least next BCS contract and thru that 27 month period holding 'Cuse, Pitt, WVU
5. For conference championship game...BE needs four (4) more football teams inorder to reach the magic # of 12
6. For each football team that leaves the BE needs to add one (1) for each team to leave..ergo if 'Cuse, Pitt, and WVU go than the BE needs to add three (3) more teams making a new add number to seven (7)...ouch
7. Which teams sign up will be important for keeping the AQ...Boise State is best help at keeping
8. Multiple conference merge such as MAC, MTW with BE will get to championship game at probably keep AQ
9. If Big 12 takes Louisville in next 12 months...BE in big trouble for football holding together and then 27 months detention may not be legally held as conference has changed its stripes and what was agreed to is no longer material
10. Not only is M an ...he is also dumb...very bad characteristics for a conference commissioner.

So the most probable way to 'Cuse to get out earlier than 27 months is:
1. Football part of conference disbands---hopefully Big 12 acts on Louisville...and of course we have ACC waiting for ND, which doesnt help here, but may bring Uconn or Rutgirls...then BE football is over and 27 months may legally be broken
2. BE gets 7 new schools to come on board and loses no more than the 3 now going
3. BBall schools just say What and split from the football schools...then there is a material difference in contracts signed and an out exists
4. M realizes keeping these teams for 27 more months is rediculous and NEGOTIATIONS FOR ALL 3 to leave and pay somewhat more than the $5 million and out...
 
Keeping these teams for 27 months won't help with the AQ because everyone already knows they will be gone and the BE as it stood was in trouble of losing the AQ which was the point of bringing TCU in.
I do wonder if letting tCU go with no 27month will bite the BE. It makes sense they hadn't started yet but they were officially part of the conference and if they didn't have some sort of special written agreement with the BE about forgoing the by laws if things changed before they actually started play in the cobnference then I believe that the BE will have alegal issue when trying to hold others o these by laws.
 
Thanks Arb ... supposedly BE has offered 6 schools. Can't imagine who they are: UCF (no help there b/c doesn't the incoming team have to have BCS standing?), Houston, Navy, Army, Boise State (football only, but unlikely b/c they seem more interested in the Far West), Temple (?), Memphis (?), Air Force (?)... who else?

So actually they need 12 football schools to guarantee BCS AQ status? But we only have 8 right now ... with Pitt, SU, and WVU. If they allow the 3 to leave then their BCS AQ goes down the toilet? So at this point the BE can't afford to let any of them go b/c then they would be down to 5 and would have to get 7 more for BCS AQ? I think I got it ... makes sense and explains BE desparation... but Marinade is still an a$$hole.
 
some sort of special written agreement with the BE about forgoing the by laws if things changed before they actually started play in the cobnference then I believe that the BE will have alegal issue when trying to hold others o these by laws.

If TCU had smart athletic dept and lawyers; I would speculate that there was a point in contract relating to an out provission if something material happened to conference...and of course it did happen with football teams leaving...therefore an out was there to take
 
Keeping these teams for 27 months won't help with the AQ because everyone already knows they will be gone and the BE as it stood was in trouble of losing the AQ which was the point of bringing TCU in.
I do wonder if letting tCU go with no 27month will bite the BE. It makes sense they hadn't started yet but they were officially part of the conference and if they didn't have some sort of special written agreement with the BE about forgoing the by laws if things changed before they actually started play in the cobnference then I believe that the BE will have alegal issue when trying to hold others o these by laws.

I think the difference with TCU is that the Big East wasn't what they agreed to join (8 team conference including SU & Pitt) by the time they got here. They would have had to start play in a ? team conference knowing that two members (and now WV) were biding their time before they could leave. I think TCU would have had had a very strong argument that the Big East was not capable of delivering what it had promised when TCU agreed to join and signed on to any withdrawal penalty.
 
OK ... let's say that the BE is able to "sign one" 5 or 6 new teams ... bringing the total to 13 or 14 football schools. They then could allow 1 or 2 schools to leave before the 27 month requirement. Would they? and How would they determine which one(s) could leave?
 
The biggest problem with Marinetto is his inability to change the game plan. IMO it is very clear that the Big East is not going to continue as both a premier basketball conference and BCS level football conference. He needs to come up with another game plan for achieving a best case scenario for the majority of his membership. I think that is likely going to be as Premier Basketball conference only or as a Premier Basketball Conference that also has a small inconsequential football group.

I don't see why the BCS would want to commit one of its member bowls to having to bestow charity on the Big East each year by taking one of the following.... UConn, Cincy, Louisville, Rutgers, USF, Houston, SMU, Army, Navy, Temple, Memphis, Air Force, Boise State.

The biggest name currently there is Boise State, but I would be very careful handling them if that is all I was getting with all of the rumors circulating about their unsavory practices. They may find themselves slapped by the NCAA and in a Miami position before too long and then what do you have? Sure there is the possibility that one of those schools has a BCS caliber year, but would you be willing to bet many millions of dollars that one will?
 
I understand that TCU could have easily won litigation against the BE if they tried to hold them to the 27m 5mil thing. But if they didn't have a written agreement (which they sure should have) and the BE just let them out no problem then teams like WVU, Pitt and SU could have a case that they are granting certain benefits to one member leavingh and not the same to others (themselfs).
I'm no lawyer of course so I'm probably just wrong.
 
I understand that TCU could have easily won litigation against the BE if they tried to hold them to the 27m 5mil thing. But if they didn't have a written agreement (which they sure should have) and the BE just let them out no problem then teams like WVU, Pitt and SU could have a case that they are granting certain benefits to one member leavingh and not the same to others (themselfs).
I'm no lawyer of course so I'm probably just wrong.
From reading the paper today ... they explained the TCU exit ... there was no committment by TCU until July 1, 2012

"TCU accepted to join the Big East in September but switched to the Big 12 in October and was not required tohonor the 27-month notice requirement. 'That's basically because they never started with the Big East,' (a) Big East spokesman Chuck Sullivan said of the Horned Frogs. 'Because they had not formally joined the conference, which would have been July 1, 2012 they were subject only to the financial component.' "

If they had not formally joined the conference why were they subjected to the financial component ($5m)?
 

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